NHP chief sees ‘no smoking gun’ in radio report

Wednesday, Oct. 15, 2003 | 9:34 a.m.

CARSON CITY -- A 200-page report about the investigation into the $16 million blunder involving the Nevada Highway Patrol communications system should be completed by Friday, Highway Patrol Superintendent David Hosmer said Tuesday.

"There is no smoking gun" to show anything criminal in the handling of the system, Hosmer said, but he added, "I'd like to have the independent review of the attorney general."

The report plus 1,100 pages of documents will be sent to Attorney General Brian Sandoval to determine if criminal charges should be filed. Hosmer predicted it will take awhile for the attorney general's office to digest it.

Hosmer's comments came after the state Board of Examiners approved up to $17 million for the state to purchase new radios and other equipment to allow it to transfer to an 800-megahertz system for its communications.

The patrol has been operating on a 150-megahertz system but it has been illegally using channels that were assigned by the Federal Communications Commission to other agencies.

The FCC has told the Highway Patrol to get off the illegal frequencies as soon as possible and has indicated it may levy fines.

The state's contract for the new equipment is with M/A-COM Inc., formerly called Ericsson. The Highway Patrol had been operating with Motorola Inc. equipment for three years but was using frequencies that interrupted communications of agencies as far away as the San Francisco Bay Area.

Other agencies in the state will also be able to buy 800-megahertz equipment through M/A-COM so that there will be a single communications system.

At issue in the investigation was whom to blame for not getting frequencies approved by the FCC. Motorola says it was up to the Highway Patrol to secure the frequencies.

The highway patrol will now be piggybacking on an 800-megahertz system operated by the state Transportation Department. Robert Chisel, assistant director of administration for the transportation department, said the radio systems in Clark and Washoe counties will be switched to the 800-megahertz frequencies by January. The rest of the state radios will change over by Sept. 30 next year.

Gov. Kenny Guinn, in approving the purchase agreement with M/A-Com Inc. said, "It's time to put it to bed and get it working.

"This is the right way to go, rather than splitting it," he said.

In the past two different systems were in use in the state. Motorola supplied the Highway Patrol and M/A-Com Inc. handled the Transportation Department.

"Nobody is pleased or proud of this situation," state Purchasing Agent Greg Smith said. M/A-Com Inc. was the sole supplier of the new system's equipment, so it received the bid.

All state agencies will be allowed to join the single system.

Hosmer met last month with the Bureau of Enforcement in the FCC to see whether any penalties will be imposed on Nevada for illegally using other frequencies. He said he got the impression the federal agency will wait while monitoring the state's effort to correct the situation.

"They (the FCC) may wait until the final buildout," Hosmer said.

David Soloman, chief of the Bureau of Enforcement, "made it very clear that they were in a bad position themselves because of our behavior and he stressed that we need to get off of those frequencies which we do not have at least temporary authority for," he said.